bankruptcy advice needed please

[vodster]

cant take no more sleepless nights worrying how im gonna pay the stack of bills on my table.All cheques written out and shoved in envelopes ,only waiting to get sent.

 

ive been on lower arranged payemnts for ages but i still cant manage,i receive full child and work tax credits and hubby works 18 hrs a week,we dont own a home,car or any thing else.Do you think it possible to claim bankruptcy?

 

ive been reading through alot of threads and my main concern is getting the court fee together.

 

feel like running off a bridge

 

any advice would be great so i can sleep again

 

:?

[Curlyben]

First thing is to take a DEEEEEP breath and relax.

You have found CAG.

 

Now some more detail would be extremely helpful as bankruptcy may NOT be your only option.

[vodster]

right ok....

 

 

here goes

 

 

 

i went with the cab, 2 years ago who totally cocked up my repayments.they didnt sort it on a pro rota so thinngs got out of hand.After 12 month of minimum token offers cab wouldnt help me no more (they only assist for 12 month).so i started getting letters from every one wanting up my payments.so stupidly i did as i could.My hubby has a bank loan so we are trying to cope with this too .i contacted the national debt line who worked out with the arrears in rent and council tax i have (due to benefits recharging an over payment) i would be better off filing for bankruptcy and they sent me all the info.

 

my nerves are shot......i owe about 15,000 altogether and i cant do it no more.im not sleeping worrying about were the next meal is coming from,i keep going over drawn at the bank so its like a catch 22.just today i had 50 charge on my bank because of bt taking the wrong direct debit from my account.they gave me the over drawn charge back as credit on my phone bill but not the monthly over drawn charge so its left me in the poop...dont think i would be able to get the court fee together though so im all over the place

[Curlyben]

OK so out of this 15k, what's the rough breakdown.

Council tax, Rent, bank, credit cards, loans, others ?

[sequenci]

Give national debtline or cccs a ring straight away:

 

0808 808 4000 - NDL

0800 1380 111 - CCCS

 

Without knowing detailed specific facts it would be very difficult to advise on Bankruptcy on an internet forum, the above debt help charities would be able to discuss your circumstances and aid you in moving forward. I can guarantee you that you will feel 10 times more positive after the call.

[vodster]

thanks guys

 

its basically

,credit cards,catalogues,store cards.nothing secured on anything at all ..im scared to ring any one to be honest.hate using the phone

[sequenci]

thanks guys

 

its basically

,credit cards,catalogues,store cards.nothing secured on anything at all ..im scared to ring any one to be honest.hate using the phone

 

i can appreciate that but i can guarantee it will be a huge weight of your mind. i work very closely with both of them and i know first hand the difference it can make!

 

if you don't like using the phone, have a go at filling in a budget sheet, how much do you have left as your surplus income?

 

here is the form to fill in.

 

National Debtline England & Wales | Personal Budget Sheet

 

are the debts in your sole name?

are you aware of the costs involved with bankruptcy?

[Curlyben]

Right as sequenci says give NDL or CCCS a call and get things rolling.

This will give you some breathing space and we can help tackling the others.

 

Now I noticed that you have already started action against A&L over charges, well the same thing can be done for ALL your other debts.

Get the SAR's going to the original creditors and make a start.

 

Now how many of these debts are being chased by collection agents (DCA's) and how many are you paying ??

[vodster]

most of the debts are in my name yes

we have one shared bank loan with both our names on

 

i filled in one of those budget forms with national debtline.they were great on the phone to me last time,i got the bottle and rang.my main concern is the court fees.i know i may get exemption from the court fee but its still over 300 pound to file for bankruptcy

[vodster]

most of them are with collection agencies now.and i pay each approx 5 to 10 pound a month.but our loan is 109 a month and thats what is crippling me now

[sequenci]

most of the debts are in my name yes

we have one shared bank loan with both our names on

 

i filled in one of those budget forms with national debtline.they were great on the phone to me last time,i got the bottle and rang.my main concern is the court fees.i know i may get exemption from the court fee but its still over 300 pound to file for bankruptcy

 

give the association of charity officers a call, they might be able to help:

 

01707 651 777

 

they help find funding for people in need.

 

if you go bankrupt your other half will be liable for the full amount of the joint loan (unless they go bankrupt as well, of course)

[vodster]

oh rightio

 

well to be honest we could afford that loan if we sported all the others out.

 

sounds bad that doesnt it

[vodster]

what do i say to them sorry is so nervous

[sequenci]

what do i say to them sorry is so nervous

 

they are really nice. they help people in exactly your position. you might also be able to apply for help from your utilities firms too. some of them have trust funds that help with bankruptcy fees.

[gizmo111]

Have a read here also http://www.consumeractiongroup.co.uk/forum/general-debt/56970-insolvency-dealing-debt.html

[Curlyben]

The debts that are with DCA MUST be checked to ensure that they can legally collect them.

 

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

This request only applies to cards and loans, not things like utility bills or council tax arrears basically anything covered by the Consumer Credit Act.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

 

Now as and when they supply this information you will be in alot stronger position to deal with things.

[vodster]

omg that sounds so confusing

[tomterm8]

omg that sounds so confusing

 

it's very easy, you send (using special delivery) the letter in curlyben's post with a postal order for £1, for each catalogue, card card, or fixed term loan debt.

 

Then you scan and post everything they send you back, in response (minus personal details like name, address etc).

 

If it takes more than 14 working days after receipt of the letter for them to send you anything back, stop paying that debt temporarily.

[vodster]

post to who....omg i i sound so thick im sorry

[vodster]

The debts that are with DCA MUST be checked to ensure that they can legally collect them

 

 

what does that mean ?

[tomterm8]

post to who....omg i i sound so thick im sorry

 

The DCA (Debt Collection Agency) OR, if they aren't with a DCA, the original creditor (e.g. barclaycard, egg etc).

 

Oh, and don't sign the letter... just type your name. include a copy of a previous letter from them as ID.

[Curlyben]

Sorry vodster.

The CCA requests go to the DCA's to ensure that they can LEGALLY collect these debts.

[payingonlyencouragesthem]

The DCA (Debt Collection Agency) OR, if they aren't with a DCA, the original creditor (e.g. barclaycard, egg etc).

 

Oh, and don't sign the letter... just type your name. include a copy of a previous letter from them as ID.

 

Tomterm8 - I think you should sign the letter, but not in anything like your usual signature. This way if they do try anything funny you'll 'ave 'em:cool: